General Terms and Conditions for use of Asseco Solutions Electronic Services
1 GENERAL PROVISIONS
1.1 These General Terms and Conditions (hereinafter referred to as the “T&C”) set the conditions for use of the Asseco Solutions, a.s. (hereinafter referred to as the “provider”) electronic services listed below.
1.2 By using the electronic services, the user undertakes to follow these T&C. The T&C become binding on the customer and the provider by registration for the electronic service.
2 DEFINITION OF TERMS USED
2.1 The Provider is Asseco Solutions, a.s., with a registered office Plynárenská 7/C, 821 09 Bratislava, Slovakia, which is registered in the Commercial Registry at Bratislava I District Court, dept.: Sa, entry no. 81/B, Company No.: 00602311, VAT No.: SK2020447990
2.2 Electronic service (hereinafter referred to as “service”) is the provision of the right to the customer to use an application of the provider connected to the internet for the purpose of processing the customer’s data. The properties and scope of the service are part of the description of this service on its webpage. The description of the service means all information on the web site of the service.
2.3 Customer is a natural or legal person who has registered to use the provider’s service.
2.4 Registration is the ordering of provided services by the customer. This order contains the identification information of the customer, scope of services used and agreement with these T&C. The provider confirms the order by sending a confirmation email to the customer.
3 RIGHTS AND RESPONSIBILITIES OF THE CUSTOMER
3.1 The customer has the right to use the service solely within the scope ordered and paid to the provider. The customer also has the right to use the service still unpaid, if the period of payment in the call for payment has not yet expired.
3.2 The customer is obliged to state truthful information when registering. It is also required in the course of service immediately to inform the provider of any changes to registration data, for example change of billing information, contact e-mail etc.
3.3 The Customer has no right to interfere technically in the service provided, or to obtain unauthorized access to it.
3.4 The Customer undertakes not to sell, not to transfer nor otherwise provide services to third parties by any means without the prior written consent of the provider.
3.5 The customer is obliged to protect his login names and passwords to the services provided from misuse by any third party.
3.6 The Customer has full responsibility for the data and content processed by the service provided and undertakes to use the service provided in accordance with the legislation of the Slovak Republic.
3.7 The Customer undertakes to pay regularly and timely to the provider the agreed price for the services rendered as per to the valid price list of provider.
3.8 The customer has the right to adequate protection of submitted data. The scope, content and results of the data are considered trade secrets of the customer and without his consent may not be disclosed to a third party by the provider.
3.9 The Customer hereby consents under Law. 428/2002 Coll, on Personal Data Protection, as amended, to the use of personal information according to the provider’s needs. The needs of provider include, for example, storing the data in internal databases for records of the contractual relationship, or using the e-mail address to send information about the services of provider. Processing of personal data is governed by the valid legislation of the Slovak Republic.
4 RIGHTS AND RESPONSIBILITIES OF THE PROVIDER
4.1 The provider is obliged to ensure the continuous operation of the service.
4.2 Breach of the obligation to ensure continuous operation of the service does not include service disruptions resulting from objective reasons (e.g. power outage, loss of connection to the Internet, etc..) or interruptions of service due to system interventions by the provider to the operation of the server.
4.3 The Provider undertakes that personal data that has been provided by customers, will not be provided to third parties. Personal data will be protected in accordance with the relevant provisions of Law no. 428/2002 Coll, on Personal Data Protection, as amended and valid Slovak legislation on the protection of personal data.
4.4 The provider undertakes a reasonable manner to ensure the protection of data processed using the service. In particular, the data must not be used for his own benefit or provided a third party.
4.5 If the service processes the data according to Slovak legislation, the provider is required to maintain legislative correctness of this service.
4.6 The provider is authorized to amend the T&C due to changes in applicable legislation of the Slovak Republic or changing conditions of service. At the same time it is also entitled to change the conditions of service.
5 PRICE AND PAYMENT CONDITIONS
5.1 The price of the service is determined as per the valid price list of provider that is an integral part of the service description.
5.2 The Provider is entitled to change the terms and price of services offered, for example, due to reasons of introducing new functionality on the service or inflation.
5.3 The Customer undertakes to pay the price of the service on the basis of an email call to pay sent by the provider to the email address specified by the customer at registration for the service.
5.4 The provider has the right to limit the service provided to the customer who is in arrears with payment for the service of more than 5 working days. In the case of a restriction of service, the service will be available to the customer only for the purpose of viewing already acquired data. Data may not be further entered and processed.
5.5 The provider has the right to cancel service to a customer who is in arrears with payment for the service for more than 30 working days. In the event of cancellation of services, this may result in the withdrawal of customer access to the service. In this case, the customer-entered information will be transmitted by electronic means to the customer’s e-mail address provided.
5.6 Limiting or cancelling the service does not affect the right of the customer to ownership of submitted data.
6 SUPPORT, GUARANTEE, CLAIMS
6.1 All services are provided solely electronically.
6.2 Support for the use of the service is provided solely in electronic form (e-mail communication, information on web sites etc.).
6.3 Sending and receiving all documents relevant to the service, including billing, occurs exclusively by electronic means.
6.4 The provider provides the service as is. The customer is aware that the service may also require other services, tools or licenses the provider of this service does not provided (e.g. charges for internet connection, user’s computer, applications installed on it etc.); their operation, including any fees is solely the responsibility of the customer.
6.5 Any claim can be made by sending an e-mail or by completing the contact form. The contact e-mail and form are part of the description of the service and of the service itself.
7 LIABILITY FOR DAMAGES
7.1 The provider is not liable for damage caused by improper use of the service.
7.2 If the output of the service is data processed according to a legislative algorithm, the provider is liable for damages caused by incorrect processing of data by the algorithm in question, to the extent up to a maximum of the restitution of fees paid by the customer for service over the past 12 months of using the service.
8 FINAL PROVISIONE
8.1 These General Terms and Conditions are valid from 01.08. 2013.